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The Site and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by NYSE Blue and such have not been obtained.
In addition, in using the Site, you agree:
The Site and any and all content on the Site are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or the Site may violate such laws related to their protection. Except as expressly provided herein, APX does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks or trade secret information with respect to such intellectual property and/or information and/or the Site.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site without written permission from APX is specifically prohibited.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, APX designates an agent to receive by mail notifications of claimed copyright infringement: NYSE Blue, 111 River Street, Suite 1204, Hoboken, NJ 07030, Attention: General Counsel. The designated copyright agent can also be reached by telephone at (201) 748-7900, by fax at (201) 748-7901 and by e-mail at intellectualproperty@NYSEBlue.com.
You retain copyright and any other rights you already hold in content that you submit, post or display on or through the Site. By submitting, posting or displaying the content you give APX a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content.
You understand that APX, in performing the required technical steps to provide the Site and its services to you and our other users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit APX to take these actions.
You confirm and warrant to APX that you have all the rights, power and authority necessary to grant the above license.
The information and materials contained in the Site have been gathered by APX from sources believed by it to be reliable. They are provided “as is” and “as available”, and APX makes no representations or warranties of any kind with respect to the information and materials contained in the Site, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, APX does not warrant the accuracy, timeliness, completeness, reliability or availability of the Site or the information or results obtained from use of the Site, or that the Site is virus-free or error-free. APX has no obligation to audit, validate or otherwise verify any information contained in the Site.
To the fullest extent permitted by law, in no event shall APX or any of its directors, employees, agents or others with whom it may collaborate to provide the Site have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Site, even if APX has been advised of the possibility of the same.
The Internet is a universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country.
You are therefore recommended to communicate with APX by using a secure channel if such channel is provided by APX. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data.
APX shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to APX using ordinary E-mail or any other electronic messaging system.
APX does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment or other property on account of your access to or use of the Site.
Please do not reveal trade secrets or other confidential information as you communicate to APX via the Site. Any and all rights to materials and ideas submitted to us are non-confidential, become our exclusive property and may be used and disclosed by us without restriction unless or except as otherwise agreed between APX and you in writing.
Each Party shall be responsible for the payment of all of its costs associated with the resolution of said dispute whether in arbitration or before a court of law, including but not limited to any filing fees, arbitrator fees, its attorneys’ fees and other costs incurred in such proceeding, provided that if a dispute is initiated in bad faith, as determined by the arbitrator(s), the party initiating the dispute shall be responsible for all of the other party's defense costs.
Revised February 2011